Aude Guyon

Fiducial Legal by Lamy

Aude Guyon is a partner at Fiducial Legal by Lamy (FLBL) in Paris. Prior to joining FLBL, she worked for Freshfields Bruckhaus Deringer for 16 years, where she became counsel. Her practice focuses on EU and French competition law and distribution law. She advises French and international companies on all aspects of competition law, including cartels, abuses of dominant position, mergers, competition litigation, follow on damages claims, State aid and distribution law. She has an advisory, and litigation practice before French and European competition authorities and courts. She also has extensive experience in conducting internal audits, setting up compliance programs and assisting clients in case of dawn raids. Aude has also developed a recognised expertise on foreign investment matters. Admitted to the Paris Bar in 2005, Aude holds a master degree from the University of Orléans (DEA de Droit économique), from the University of Paris XII (DESS Juriste Européen) and from the University of Northumbria at Newcastle (LL. M. Business law). She is also a member of the APDC (French Association of Lawyers Practicing Competition Law).

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Fiducial Legal by Lamy


26302 Bulletin

Dimitri Lecat, Jérôme Philippe, Aude Guyon The French Government implements the damages directive by way of an order which establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices


The French Government has just implemented the Damages Directive by way of order No. 2017 -303 (the Order). The Order establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices. In a nutshell, what are the main (...)

Aude Guyon, Jérôme Philippe The French Competition Authority specifies under which conditions a merger is likely to affect competition in local markets and validates behavioural remedies due to the economic crisis (Caisse d’Epargne / Banque Populaire)


Since it was granted jurisdiction over mergers, the Competition Authority (hereafter “the Authority”) gave its first decision of approval with commitments on June 22, 2009. Even though it was a Phase I decision, the Authority performed a very thorough analysis of the operation’s impact, especially (...)

37321 Review

Aude Guyon, Jérôme Philippe Behavioural commitments - Financial crisis: The French Competition Authority specifies under which conditions a merger is likely to affect competition in local markets and validates behavioural commitments due to the economic crisis (Caisse d’Épargne/Banque Populaire)


Aut. conc. dec. no. 09-DCC-016 of 22 June 2009 relating to the merger between the Caisse d’Epargne and Banque Populaire groups Since the transfer of merger control to the Competition Authority (hereinafter ’the Authority’), the Authority issued its first clearance decision with commitments on 22 (...)

Aude Guyon, Jérôme Philippe Buying power: The French Minister of Economy, following the Competition Council’s opinion, unconditionally approves a merger leading to duopoly taking into account the publishers’ buying power together with printers’ overcapacities (Quebecor/Maury)


Min. Éco, March 4, 2009, Quebecor / Maury, aff. C2008-89, BOCCRF No. 2bis of April 2, 2009 Conc. conc. opinion n°09-A-01 of February 6, 2009 relating to the acquisition of the companies of the Maury Group by CirclePrinters, BOCCRF n° 2bis of April 2, 2009 Following the Competition Council’s (...)

Aude Guyon, Jérôme Philippe Judicial review: The CFI confirms that the european Commission was entitled to suspend the review of a merger in case some information provided was incomplete or incorrect, even though the Commission had initially and prima facie accepted the information provided and had only realised at a later stage that it was incomplete or incorrect (Omya)


By judgment of 4 February 2009, the Court of First Instance of the European Communities (the ’Court’) dismissed the action brought by Omya AG (Omya) against the decision of the European Commission (the ’Commission’) which had suspended the examination of the concentration notified by Omya. The (...)

Aude Guyon, Jérôme Philippe Declining market: The French Minister of Economy unconditionally approves an acquistion by which the French Post, that runs an integrated bank, acquires the leader of check processing, taking into account the shrinking of the market, and thanks to additional parameters, like internal organization of the postal group and previous commitments that originated from a former transaction (Doc@Post/Experian Holding France)


Min. Éco, October 30, 2008, Doc@Post / Experian Holding France, aff. C2008-95, BOCCRF n°1bis of January 29, 2009 On 30 October 2008, the Minister authorised the acquisition of Experian Holding France (hereinafter "Experian") by Doc@Post, a subsidiary of La Poste Group. Doc@Post carries out (...)

Aude Guyon, Jérôme Philippe Standard of proof - Annulment: The ECJ confirms the CFI ruling having annuled the EC merger clearance Sony-BMG and rules on the standard of proofs in merger proceedings (Bertelsman - Sony / Impala)


ECJ, 10 July 2008, Bertelsmann AG and Sony Corporation v Impala and Commission, Case C-413/06 P In a clear departure from the Opinion of Advocate General Julian Kokott delivered on 13 December 2007, the Court of Justice of the European Communities (hereinafter the "Court of Justice" or the (...)

Aude Guyon, Jérôme Philippe Non-execution of conditions imposed by the EC: The ECJ considers that Spain has infringed EC law by not withdrawing the conditions imposed by the national authorities to a foreign acquisition of a national leader (E.ON’s/Endesa)


ECJ, 6 March 2008, Commission v. Kingdom of Spain, Case C-196/07 On 21 February 2006, E.ON AG, a German company active in the energy sector, submitted a public bid for all the shares of Endesa SA, a Spanish company active in the energy sector. This operation, which constituted a concentration (...)

Aude Guyon, Jérôme Philippe Failure of notification: The French Minister of economics has imposed a moderate fine to the SNCF Participations for failure of notification (SNCF Participations/Novatrans)


Min. Eco, decree, 28 January 2008, SNCF Participations / Novatrans, aff. C2007-99, BOCCRF n° 2 bis of 28 February 2008 By order of 28 January 2008, the Minister for the Economy imposed on SNCF Participations (hereinafter ’SNCF P’), a subsidiary of the SNCF group, a fine of EUR 250 000 for having (...)

Aude Guyon, Jérôme Philippe TV Merger - Remedies: The French Minister of Economy clears a major merger in the pay-TV sector subject to 59 behavioural remedies (TPS / CanalSat / VivendiUniversal)


Min. Éco, August 30, 2006, TPS / CanalSat / VivendiUniversal, aff. C2006-02 In a Phase II decision dated August 30, 2006, the Minister authorized, subject to 59 behavioral commitments, the acquisition of exclusive control of TPS and CanalSat by Vivendi Universal (Vivendi). In other words, (...)


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